Divorce

Finding yourself at the end of your marriage is often a stressful situation, especially when communication between you and your spouse has broken down. This is especially true when there are children involved. Making the decision to file for divorce is only the first step. Wyndham & Associates attorneys recognize the importance of helping you through this process with compassion and efficiency.

Certain paperwork must be filed with the court in order for your marital contract and legal relationship to be dissolved. You can save yourself time and money if you and your spouse are able to work together to reach an agreement as to the terms of your divorce; in such cases, Wyndham & Associates attorneys can draft the required documents for you and help make sure that your divorce moves smoothly through the courts. In certain cases, you may not even be required to appear in court; our attorneys will help you determine if this option is available to you depending on the circumstances of your divorce.

If you and your spouse are not able to communicate effectively, the process of divorce becomes more complicated and sometimes more lengthy; this is also true when there are minor children and questions of custody and child support must be considered. Wyndham & Associates attorneys will work to help you obtain a fair and appropriate outcome to your case, always keeping in mind your interests and the best interests of your child(ren).

Litigation

The preferred path of resolution for most disputes is always reason, negotiation, and/or mediation, and the attorneys of Wyndham & Associates are prepared to partner with you in this process. However, in many instances the time comes when the only path to conflict resolution is to file a lawsuit and seek relief through the judicial system. Wyndham & Associates law firm has experience in litigating many different types of civil issues in the courts.

Kristina T. Eno, Associate Attorney with Wyndham & Associates, has a background in the mortgage industry and in real estate law, and the two combined have laid the foundation for her expertise in real estate law conflicts that have had to be resolved through litigation. Under her leadership, the firm challenged the 2008 Gilmer County Tax Assessor’s appraisal digest. Ms. Eno also represents clients in Superior Court, Juvenile Court and Probate Court in litigated matters including Legitimation, Divorce, Custody issues, and Adoptions.

In times when negotiation and mediation have been unsuccessful and meaningful discussion has failed to resolve the conflict between two parties, civil lawsuits have brought the issue to a successful resolution. Wyndham & Associates has the experience you need if you are forced into litigation in the judicial system.

Child Custody & Visitation

It is unfortunate that often divorced parents cannot agree on who shall have custody of their child(ren). If the parents are unable to agree on custody, they often must turn to the judicial system to make this difficult decision.

Wyndham & Associates has represented fathers and mothers in custody hearings. Our firm tries to adopt the legal concept of “what’s best for the child(ren)” as our model. We do not feel comfortable representing a parent when we feel that that parent is not the best parent to have custody. If we feel that way, we will not take your case.

However, if we feel that you are the best parent and granting custody to you would be in the child’s best interest, then we are prepared to engage in lengthy or difficult negotiations or court action. We want you to know that if we take your case and seek custody for you, you have our full commitment to your cause.

Legitimation

Under Georgia law, mothers are recognized as being a legal parent to their child(ren) regardless of whether the mother has ever been married to the father of the child(ren). However, this legal recognition of the parent/child relationship is not always automatically extended to fathers. If you have fathered a child outside of marriage, you must take special steps to seek and enforce your parental rights. Being named as the father on your child’s birth certificate is not enough! Even being ordered to pay child support does not automatically give a father the right to have a relationship with his child.

At Wyndham & Associates we have experience in helping fathers with the process of legitimation, which is the legal process which protects a father’s right to have a meaningful relationship with his child(ren). Only through legitimation can a father who has had a child outside of marriage seek custody or visitation with his child. Legitimation also creates the legal parent/child relationship necessary for the child to inherit from the father if the father dies intestate (or without a will). Legitimation is a necessary legal step to create for the unwed father the opportunity to have the same parental rights that a child’s mother has automatically.

Child Support

Recent changes in Georgia laws regarding the calculation of child support make it more important than ever to have an attorney experienced in this area representing you whether you are seeking child support from the non custodial parent or are the parent expected to pay support for your child(ren). Child support is no longer calculated simply as a percentage of the parent’s income; a new “income shares” system is now in place which takes into consideration numerous factors regarding both the costs of raising your child(ren) and the income and expenses of both parents. Financial affidavits must be completed by both parents, and an extensive worksheet of calculations must be completed before the judge will consider your case. Our attorneys will make sure that you understand the new guidelines and how they impact your case so that you will be prepared when your child support case comes before the court.